Minnesota Mdewakanton Dakota Oyate Litigation
Wolfchild, et al. v. United States
Notes by
Erick G. Kaardal
February 6, 2007
link to site below-
www.mklaw.com/mdewakanton.htmDear all:
The February 5, 2007 hearing on the motion to add additional plaintiffs and on the motions to intervene before the Hon. Charles Lettow was completed yesterday.
We have ordered the transcript. It normally takes about two weeks for the transcript to be completed. When we have it, we will post it on the website.
Due to a busy trial docket, the judge indicated at the hearing that his opinion on the motions considered at the January 25, 2007 and February 5, 2007 hearings will be completed sometime after the end of this month.
Further, the judge indicated, after his opinion is issued, there may be a planning conference between attorneys and the Court to aid the Court in determining a schedule for the case.
The United States has filed their response briefs to the Plaintiffs' motion to add additional plaintiffs and motion to vacate the stay on Plaintiffs' partial summary judgment motion dated March 3, 2006. We have linked those briefs to the website under the appropriate headings on this webpage.
Additionally, we have had some requests for additional meetings for plaintiffs. We plan with the Kettering Law Office to have several meetings for Plaintiffs - in the Twin Cities area, at Lower Sioux Community and in South Dakota and Nebraska.
However, it makes sense to schedule these meetings after the judge's opinion, Wolfchild IV, is issued. So, we will set up a series of meetings and draft a notice for the meetings as soon as Wolfchild IV is received.
Thank you.
egk
January 30, 2007
Dear all:
Greetings.
The January 25th hearing on Shakopee and Prairie Island Communities' motion to quash the summonses was heard by the Hon. Charles Lettow. As soon as we have the transcript of the two hour hearing, we will post it on this webpage. In the past, this process has taken about 14 days.
The next court hearing addressing the motions to add plaintiffs and intervenors will be heard on Monday, February 5.
Again, we will order the transcript and post it on this webpage.
Thank you for your patience.
egk
January 23, 2007
Dear all:
Greetings.
The Court has issued an order indicating that two hearings will occur on the outstanding motions rather than one hearing.
The first hearing on Thursday, January 25, 2007 will cover the motion to quash the summonses issued and served on Shakopee and Prairie Island Communities.
The second hearing, to be held telephonically at 3 p.m. on February 5, 2007, will cover the other outstanding motions including Plaintiffs' motion to vacate the stay and to amend the complaint to add addditional plaintiffs.
I have amended the text on this webpage to reflect the different motions and their respective hearing dates. I have also added the Clerk of Court's e-mail reflecting the newly-scheduled February 5, 2007 hearing.
Again, we will be immediately ordering the transcripts after both hearings. When we get the transcripts (which in the past has taken 14 days or less), we will post them on this website.
Reading the transcripts of the hearings is an excellent way to stay abreast of litigation developments.
Best regards.
egk
January 17, 2007
Dear all:
Greetings.
The Defendant United States and Shakopee and Prairie Island Communities have filed their reply memoranda regarding the motion to quash. We have posted them on this webpage under Motion to Quash.
These submissions are the last regarding the motion to quash. Recall that Shakopee and Prairie Island's motion to quash will be heard by the Court in Washington D.C. at the 10:00 a.m. hearing on January 25, 2007.
My recommendation is that you read the seven posted briefs relating to the motion to quash. This will bring you up to date on the case.
Additionally, as to the January 25, 2007 hearing in Washington D.C., it is my understanding that the hearing will be in the same large courtroom as in the past. However, it is my recommendation due to the number of lawyers involved, number of parties involved, the number of interested governmental officials and media interest, that people arrive well before the 10 a.m. starting time to pass security and obtain a seat in the courtroom.
For those who can not attend the hearing, we intend to order the transcript of the hearing after it is completed. Our experience is that the transcript will be available in fourteen days or less after the January 25 hearing.
Please check the website regularly.
Thanks.
egk
Lawsuit Description
Lawsuit Description by
Erick G. Kaardal, Esq.
Dr. Barbara Buttes
Curriculum Vitae
Beyond Sovereignty: The Mdewakanton Identity Heist
Introduction
Prelude: Gambling on Tradition
Chapter 1: A bonfire of the vanities of scholarship
Chapter 2: BIA, CYA, Blip
Chapter 3: Close enough for Government work?
Chapter 4: A case of Misfeasance
Chapter 5: Le Nouveau Mdewakanton Esprit de Corp
Appendices
Shakopee and Prairie Island Community Correspondence
Prairie Island Community Council Letter Dated 5-30-06
Prairie Island Indian and Shakopee Mdewakanton Sioux Community Letter Dated 6-06-06
Prairie Island Community Council Letter Dated 8-25-06
Lakota Dakota Journal Documents
SMSC Fundraising Gift to Flandreau Dated 2-14-2006
Lakota Dakota Journal Letter Received 3-23-06
Samp Law Office Letter Dated 3-17-2006
Dakota Journal Transcript of Voicemails Dated 3-15-2006
Court Opinions
Wolfchild I - Opinion and Order Dated October 27, 2004
Wolfchild II - Opinion and Order Dated December 16, 2005
Wolfchild III - Opinion and Order Dated August 22, 2006
Court Transcripts
Transcript of Hearing Dated March 20, 2006
Transcript of Hearing dated July 18, 2006
Shakopee and Prairie Island Communities' Motion to Quash (Hearing Completed on 1/25/07)
Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community Motion to Quash dated October 10, 2006
Plaintiffs' Opposition to Motion to Quash Dated November 18, 2006
Lower Sioux Community's Opposition to Motion to Quash Dated November 17, 2006
Defendant's Response In Support Of The Motion To Quash Summonses And To Dismiss Filed By The Shakopee Mdewakanton Sioux Community And Prairie Island Indian Community Dated November 20, 2006
Plaintiff's Memorandum in Opposition to Defendant's Response in Support of the Motion to Quash Summonses and to Dismiss Filed by the Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community
dated December 15, 2006
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Memorandum in Reply to All Filed Response Memoranda to the Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community's Motion to Quash Summonses
dated January 11, 2007
link below-
www.mklaw.com/documents/MemoranduminReply_001.pdfDefendant's Response in Support of the Motion to Quash Summonses and to Dismiss Filed by the Shakopee Mdewakanton Sioux Community and Prairie Island Indian Community
dated January 12, 2007
link below-
www.mklaw.com/documents/Response.pdf-----------------------------------------------------------------------------------
Plaintiffs' Motion to Vacate Order To Stay Briefing on 3/3/06 Partial Summary Judgment Motions (Hearing to Be Scheduled)
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Plaintiffs' Motion to Vacate Order To Stay Briefing and Consideration of Plaintiffs' Motion for Partial Summary Judgment Dated January 10, 2007
link below-
www.mklaw.com/documents/Mot2VacateOrder1-10-07.pdf-----------------
Plaintiffs' Motion for Partial Summary Judgment Based On United States' Breaches of Fiduciary Duties Dated March 3, 2006
link below-
www.mklaw.com/documents/MotIssueSummons3-3-2006.pdf------------------
Defendant's Opposition to Plaintiffs' Motion to Vacate Stay on Briefing and Consideration of Motions for Partial Summary Judgment Dated February 5, 2007
link below-
www.mklaw.com/documents/DefsOpptoPlaintiffsMotiontoVacateStay2507.pdf---------------------------------------------------------------------
Plaintiffs' Motion to Amend Third Amended Complaint (Hearing Completed on 2/5/07)
Plaintiffs' Motion to Amend Third Amended Complaint to Add and Remove Certain Named Plaintiffs Dated
January 10, 2007
link below-
www.mklaw.com/documents/20070111162612563.pdf---------
Third Amended Complaint (8/24/06)
link below-
www.mklaw.com/documents/ThirdAmendedComplaint8-24-06.pdf ---------
Defendant's Opposition to Plaintiffs' Motion to Amend Third Amended Complaint to Add and Remove Certain Named Plaintiffs Dated February 2, 2007
link below-
www.mklaw.com/documents/DefendantsOpptoPlaintiffsMotiontoAmend2207.pdf ---------
Links of Interest
Minnesota Mdewakanton Dakota Oyate
U.S. Court of Federal Claims
4100 Multifoods Tower, 33 S. 6th St. Minneapolis, MN 55402 | 612.341.1074 | support@mklaw.com